> what if person a and person b are unrelated and person b found it on their own
That's what's referred to as a "clean room implementation" further up the thread.
However, this specific thread is about the scenario where an employee has inside knowledge and is passing that knowledge on to the implementer.
Legally speaking, a clean room implementation has much better defenses from claims of copyright violation.
I mean person b found the work of person a on their own